Preparing To Sue For Medical Malpractice In Florida

Florida is a state with a higher-than-average proportion of the elderly, and as such, has a reputation as a good place to be in the medical profession. The medical lobby is strong, and as such, bringing a suit under a theory of medical malpractice means that it is difficult to recover under current law. However, difficult does not mean impossible – and if you have experienced legal help on your side, you can be certain that your case has the best chance possible.

Notice Requirements

When you seek to file suit against a medical professional in Florida, you are required to take steps to show that your case is being brought in good faith, and not just to clog up court dockets or win compensation you may not deserve. Usually this is done by having an expert in the field sign an affidavit vouching for the quality of your case – for example, if you suffered harm due to a botched kidney transplant, you might seek the expert opinion of a surgeon or a nephrologist (depending on the specifics of your case). The expert must also have a valid and active medical license.

Keep in mind that a medical malpractice claim has to be based on a failure to exercise appropriate care when rendering (or trying to render) medical services. It is possible to meet with an accident in a medical setting that is not due to a lack of care from a medical professional – for example, if you trip and fall on a broken curb outside a hospital. An accident may be a case of simple negligence or fall under another type of tort, and if so, you need not comply with the notice or expert opinion requirements.

Stick To The Facts

With the other requirements notwithstanding, you must be able to establish the factual benchmarks of your case. In order to establish a case of medical malpractice in Florida, you must show that the defendant failed to exercise the appropriate, reasonable level of care toward their patients (that is, a duty to exercise the same level of care as any other medical professional of like age, experience, and ability). You must also show that the harm you suffered was a direct result of the medical professional’s conduct (or lack thereof), without any other superseding cause.

Be advised that while the Florida Supreme Court ruled that damage caps on non-economic damages are unconstitutional – which means that a defendant cannot refuse to be on the proverbial hook for harm like pain and suffering or lost wages – this applies only to court cases, not to arbitrations. Yet, some medical malpractice cases do wind up in arbitration, and if the facts in your case call for it, you may be able to recover more at arbitration due to the lack of caps. An attorney can likely provide more information on what your best path toward recovery is.

Contact A Tampa Medical Malpractice Lawyer Today

Medical malpractice in Florida is a very complex and high-stakes type of case to bring to court. However, it is possible to prevail, and ensure that your bills are covered so that you can put your focus on your recovery and your family. Calling a Tampa medical malpractice attorney at the Rinaldo Law Group is a good first step toward the road to normalcy. Contact us today for a free consultation.

Resource:

flsenate.gov/Laws/Statutes/2011/766.104

https://www.tampainjuryaccidentlaw.com/wrongful-death-cases-in-florida/